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Old April 26, 2012, 07:38 PM   #1
Glenn E. Meyer
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Kentucky Supreme Court Says Campus Gun Ban Does Not Include Parked Cars

Kentucky Supreme Court Says Campus Gun Ban Does Not Include Parked Cars
April 26, 2012, 12:27 pm

Kentucky universities can ban weapons on their campuses, but that authority does not extend to the parked cars of students and staff members, the Kentucky Supreme Court ruled today

http://chronicle.com/blogs/ticker/ke...&utm_medium=en

------------

Good news - we had a similar measure pass in TX for employees. Some of the KY justices were reluctant as they felt that the colleges should have control but the legislation was clear that cars were exempt.

It's a step for campus carry. Of course, private colleges probably still will be exempt from allowing carry. However, in TX, parking lots were explicitly indicated not to under the control of the employer.
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Old April 26, 2012, 07:47 PM   #2
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It is encouraging when one sees justices who are willing to "go along" with the rule of law even when they don't like it, simply because it's what the law says. Unfortunately, such justices seem to be an increasingly endangered species.

I am much happier with a judge who votes to uphold a law he/she doesn't like than I am with a judge who votes the way I'd like to see if they are voting that way because of personal belief/agenda rather than because that's what the law says.
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Old April 26, 2012, 07:48 PM   #3
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Excellent.
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Old April 26, 2012, 08:12 PM   #4
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Very good. Currently an employer can't ban an employee from keeping on gun in their vehicle in Kentucky so I'm glad they followed the same logic for campus.
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Old April 26, 2012, 08:52 PM   #5
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Nice !
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Old April 27, 2012, 12:06 AM   #6
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I applaud the result of the court's decision. I do point out that the result was based upon a statutory provision and that the court referred more than once to a university's right to control their property. So the decision does not allow open carry by anyone on a public university campus. That issue will have to be resolved later.

BTW, Justice Scott who concurred in the result only likely believes the state constitution would have protected the fired employee.
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Old April 28, 2012, 12:39 PM   #7
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What is the core legal principle?

I think it's good; it's a step forward instead of a setback.

However, Amanda Collins was raped while on her way to her car - at University of Nevada, Reno.

We've known for decades that parking lots and parking garages can be dangerous places; we also know that criminals often attack people right when they're getting ready to get into their cars.

I think Kentucky's court ruling is a good one, but it's not the total answer needed for students who are preyed upon by criminals.

I wonder if the case is appealed and goes further if the basic legal principle would be able to affect those places where citizens are not allowed to have guns in their car except in select circumstances - going to or coming from a range for example.

Last edited by C0untZer0; April 30, 2012 at 01:23 AM.
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Old April 29, 2012, 05:24 PM   #8
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Preyed

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Old April 30, 2012, 04:42 PM   #9
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KY law has long recognised one's car as an "extension" of one's home.
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Old May 3, 2012, 12:59 AM   #10
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The actual decision

Here is the heart of it:

Quote:
To the extent that KRS 527.020(4) and KRS 237.115(1) are in direct
conflict, we hold that the conflict must be resolved in favor of KRS 527.020(4).
We base this on. the General Assembly's explicit statement that the concealed
carry licensing statute is to be liberally construed in favor of the right to bear
arms, as well as the legislature's clearly expressed policy of exempting a
person's vehicle from firearms regulation.
http://opinions.kycourts.net/sc/2010-SC-000762-TG.pdf
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Old May 3, 2012, 01:20 AM   #11
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Glenn, thank you for the information and thread. I have noticed of late other things of this nature, but I apologize I am not as good at quoting cases. I have seen attorney generals and/or district attorney letters as an example(from different states) issue "opinions" which I guess are technically not law but usually followed & sometimes made into law or at least referenced. The third one I have noticed in recent months was in Virginia courtesy of www.handgunlaw.us). They confirmed or supported the CCW laws covering students at Virginia universities + colleges. They stopped short of saying the campus admins didn't have the power to make their own decisions on the subject, but it is at least a start to support the issue even though the college bigwigs at each particular institution still have the final say.
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